Mike Huckabee’s role in pushing controversial beach access law

[Lake View Too]

Thanks and agree. I've been reading this forum for long time, never had a desire to post until all the misinformation was being repeated in that disaster of a public hearing. My father was one of the top labor attorneys in the nation, I followed in his footsteps. He certainly would not approve of what's going on here.

2007? When did "customary use" first come on the radar do you recall? and by who?

I would also like to see HB631 repealed. Repeal would mean the end of customary use in Florida.

Shannon

When you buy a piece of property, you purchase a bundle of rights. Just because you assume you have the right of exclusion, doesn't mean you have that right. The doctrine of customary use of beachfront has been a common right established a thousand years ago, in English law, well before any of this land was ever platted, and reinforced in Florida law in 1974 with the Daytona vs. Tona-Rama case. Some verbiage from that decision: "There is probably no custom more universal, more natural or more ancient, on the sea-coasts, not only of the United States, but of the world, than that of bathing in the salt waters of the ocean and the enjoyment of the wholesome recreation incident thereto. The lure of the ocean is universal; to battle with its refreshing breakers a delight. Many are they who have felt the lifegiving touch of its healing waters and its clear dustfree air. Appearing constantly to change, it remains ever essentially the same. It is our view that the sporadic exercise of authority and dominion by the owners over the parcel in question was not sufficient to preserve their rights as against the prescriptive rights which accrued to the benefit of the public by its use of the beach area." City of Daytona Beach v. Tona-Rama, Inc., 271 So. 2d 765, p. 767. The land grab, that is being perpetrated by a mob of big money BFO's, is an illegal taking of almost everyone's land values, not to mention a crushing of the collective soul of our community.

 

[FloridaBeachBum]

Thanks and agree. I've been reading this forum for long time, never had a desire to post until all the misinformation was being repeated in that disaster of a public hearing. My father was one of the top labor attorneys in the nation, I followed in his footsteps. He certainly would not approve of what's going on here.

2007? When did "customary use" first come on the radar do you recall? and by who?

I would also like to see HB631 repealed. Repeal would mean the end of customary use in Florida.

Shannon

When did customary use first discussed on the Emerald Coast?

Beach use is a supply and demand problem - and won't be resolved with customary use. 75% of Walton beaches are private property - supply. Started when Walton commissioners (and county administrator) did nothing to manage the logistics and infrastructure of all the tourist. Started when TDC was formed and tourist taxed $20,000,000 annually to pay for local businesses marketing, like Bud & Alley's, to bring tourist here, saving Dave Rauschkolb a ton of advertising money at tourist tax payer's expense - demand.

Started in 2002 when Destin tried customary use with Attorney David Theriaque and was told by the FL Attorney General, they'd have to do it parcel by parcel.
Advisory Legal Opinion - Regulation of dry sand portion of beach

October 2003 was an individual customary use case, Meyer v. Apollo. David Theriaque represent Meyer. The case was withdrawn.

August 2016 was an individual customary use case, New and Tippins v Bradford. David Theriaque represent New and Tippins. Bradford prevailed on Count I private easement and Tippens withdrew Count II customary use.

Walton BCC started 11 years ago.
http://www.clerkofcourts.co.walton.fl.us/document_center/Minutes/Regular_Meetings/20071009.pdf

2007-10-09 BCC Customary Use. Mr. Burke [County Attorney] discussed four options that should be considered for Walton County. Option one (1) is to do nothing and allow the private citizens to file suit. Option two (2) would be to adopt an ordinance establishing Customary Use definitions. This option could cause possible litigation. Option three (3) would be to file a class action law suit by the Board to determine whether the Doctrine of Customary Use applies. Mr. Burke did not recommend this option. Option four (4) would allow the Board to seek easements from private land owner for a Customary Use. This option may offer the property owner ad valorem tax relief and would probably be more successful. Mr. Burke suggested the Board review and to consider options two and four. Commissioner Comander made a motion to proceed with options two and four. Motion died for lack of second. 2007 BCC included Cindy Meadows, Larry Jones - now county administrator, and Sara Comander.

Started 2008 with County Administrator (2012 to present) and former Commissioner (2000 – 2012), Larry Jones’s Masters Thesis (incorrectly) concluded there was customary use on Walton private beaches. Primary reference David Theriaque. Larry Jones did not run for reelection in 2012 and was hired (no surprise) in 2013 as the County Administrator. Larry Jones has more influence as Walton Administrator than he ever did as an elected Commissioner, gets paid 3x more, does not have to get elected, and has worked against the best interests of private property owners since.

Started when Walton commissioner’s 2015 beach fortification failed because 94% of the beachfront owners figured out the Commissioners motive for beach storm damage reduction was to build up FL submerged lands seaward of the MHWL for public dry sand and owners rejected the 50+ year fortification easement and Erosion Control Line (ECL) on their littoral (by definition property touches the water) private property, creating previously private beachfront to beachview. Within months after beach fortification was rejected Commissioner Chapman starts customary use agenda.

Started when the Sheriff's 2015 beach trespass SOP 15-004 mandated property owners place surveyed Posted signs on their property boundaries to enforce trespass. "5. The property boundaries of the upland owners property are adequately marked on the ground indicating the boundary between the mean-high water line and their upland property." Owners did not ask to places signs on their property, just to enforce their Constitutional property rights.

Started October 25, 2016 when Commissioner Comander declared if customary use, “...took spending $40 MILLION to $50 MILLION in tax payer’s money ... if we [commissioners] have to, then we have to!” Sadly it’s not the commissioner’s personal money; if it was, the customary use vote likely would be very different.
Board of County Commissioners on 2016-10-25 9:00 AM - Regular Meeting - Oct 25th, 2016

2016 Walton commissioners hired David Theriaque as outside counsel ($425/hour) to prepare Walton commissioner’s customary use ordinance. Elected commissioners then declared customary use of private property April 2017 without due process. Five property owner groups then had to file a legal complaint against Walton County, as Plaintiffs with the burden to prove their Constitutionally protect private property rights were superior to old English common law customary use instead of Walton commissioners proving customary use in court with the burden of proof.

That’s why the FL legislators enacted HB631 and should remain in place - NOT repealed. Read FL Sta 163.035 (HB 631). It does not affirm or deny customary use - only addresses the abuse of local elected governments police powers to declare customary use without due process.
Statutes & Constitution :View Statutes : Online Sunshine

Repealing FS 163.035 (HB631) would NOT end customary use in FL but place beachfront owners in court as Plaintiffs - NOT Defendants. Even local FL Rep Brad Drake, customary use advocate, voted for HB631.

 

[FloridaBeachBum]

Lake View Too, When you buy a piece of property, you purchase a bundle of rights. Just because you assume you have the right of exclusion, doesn't mean you have that right. [Yes it does unless a court, not elected politicians, say otherwise] The doctrine of customary use of beachfront has been a common right [not a common "right" - unless a court rules it so first] established a thousand years ago, in English law, [we are Americans with a Constitution that protects property rights] well before any of this land was ever platted, and reinforced in Florida law in 1974 with the Daytona vs. Tona-Rama case [Tona-Rama was a prescriptive easement case on 225 square feet of commercial private beach that failed. The FSC court, on their own, applied customary use to justify not removing an amusement tower (Space Needle) on a beach pier without any customary use evidence presented!]. Some verbiage from that decision: "There is probably no custom more universal, more natural or more ancient, on the sea-coasts, not only of the United States, but of the world, than that of bathing in the salt waters of the ocean and the enjoyment of the wholesome recreation incident thereto. The lure of the ocean is universal; to battle with its refreshing breakers a delight. Many are they who have felt the lifegiving touch of its healing waters and its clear dustfree air. Appearing constantly to change, it remains ever essentially the same. It is our view that the sporadic exercise of authority and dominion by the owners over the parcel in question was not sufficient to preserve their rights as against the prescriptive rights which accrued to the benefit of the public by its use of the beach area." City of Daytona Beach v. Tona-Rama, Inc., 271 So. 2d 765, p. 767 [There is is no old English common law doctrine that takes rights that is superior to the United States Constitution and Bill of Rights protection of private property rights]. The land grab, that is being perpetrated by a mob of big money BFO's [I'm not in a mob and I work for what we have just like you - vilification of property owners that have what you want makes owners only want to protect our property rights even more], is an illegal taking of almost everyone's land values [Okaloosa to the west and Bay County to the east do not have customary use and their land values are as high or higher than Walton's - fake fact], not to mention a crushing of the collective soul of our community [that opinion should be directed at the Walton commissioners and their failure to manage Walton growth and respecting private property rights].

 

[Shannon Lince]

I have a shirt with a slogan on front and the slogan's acronym on the back followed by "Love Private Beaches".

Customary Use Not Trespassing in Sowal

This is highly offensive and it's unbelievable that the moderator found this funny.

Shannon

 

[Sanders mckee]

This is highly offensive and it's unbelievable that the moderator found this funny.

Shannon

I think that this disgusting acronym being found funny by a moderator just speaks volumes about that moderator. When people do not have the facts to back up an argument they apparently must bring emotion into play. I am new to sowal and find this very disturbing that the moderator professes community and tolerance yet thinks this is somehow funny. That acronym is one of the most repugnant and vile in the English language. The moderator owes all an apology for not taking that down.

 

[BlueMtnBeachVagrant]

.........When people do not have the facts to back up an argument they apparently must bring emotion into play........

Welcome to SoWal.com and to the human race where many truly believe their emotions trump the U.S. Constitution.

It is a sad state of affairs that in general, GFOs and the rest of the county have so much in common but far too many have personalized and hyperbolized the debacle that now exists in Walton County. I have non-GFO friends (but not all) who think the beach should be public. I understand their viewpoint. Repeatedly, I state there are two sides and that it will be decided in court. One’s opinion simply (usually) depends on which side of the railroad tracks one is on.

I have ex-GFO friends who purchased bay front property to get away from the “abuse of beach front private property” by the public. I know, “Yay! Good riddance.” But the new replacement GFOs will likely continue the challenge to the county. And I tell the new BFOs (bay front owners) that there is no guarantee they have escaped the CU fallout by being at the bay. If beachfront CU is successful, where does CU end?

I truly believe the U.S. Constitution will ultimately protect private property rights in the end from the very ambiguous test thresholds of customary use. If not, we’ve got much bigger problems.

Grace Daniell’s post was spot-on regarding what really is driving CU. And I’ve mentioned this same idea in previous posts. Too bad, many people can’t see that. And because of that, if CU prevails, Walton County beaches (outside of the already developed beaches such as Seaside, Rosemary, Watercolor, Alys, etc.) will experience a growth that will change what we ALL (except developers, real estate agents, restauranteers, etc.) are trying to prevent...becoming Destin and Panama City.

I don’t have much faith in the county government (and those with influence) to prevent this. But GFOs are not going to make it easy for the county to steer us down this uncontrolled growth curve by rolling over and letting our property be confiscated with no compensation under the guise of public good. To them, it’s all about opening the development flood gates.

I’ll say it again, if you love wide open public beaches and are disheartened because of the current situation, simply move to Panama City or Destin. Heck even Miramar in Walton County and to the west is public. You have a choice. Oh yeah, we also have public beaches (except for the 50% GIVEN to vendors by the BCC) ....but not much parking. That’s another story.

 

[Bob Wells]

I believe in Customary Use. I also believe it will be decided by the Courts and whatever side happens to win the legal challenge we all lose because of the arrogance and bitterness it has brought out in us all. But hey this is our society now. So everyone get your digs in because the superiority of our cause is more righteous than the others, no matter what side of the debate you are on. Just my opinion!

 

[bob bob]

I think that this disgusting acronym being found funny by a moderator just speaks volumes about that moderator. When people do not have the facts to back up an argument they apparently must bring emotion into play. I am new to sowal and find this very disturbing that the moderator professes community and tolerance yet thinks this is somehow funny. That acronym is one of the most repugnant and vile in the English language. The moderator owes all an apology for not taking that down.

Lighten up Francis.

 

[arthur kahn]

Lighten up Francis.

The response to basically calling someone a c-word, and to his pride in wearing it over his red neck, isn't "lighten up." It's kindly take yourself to the kind of beach community where people feel good about such misogynistic, lowbrow behavior.

 

[FloridaBeachBum]

I believe in Customary Use. I also believe it will be decided by the Courts and whatever side happens to win the legal challenge we all lose because of the arrogance and bitterness it has brought out in us all. But hey this is our society now. So everyone get your digs in because the superiority of our cause is more righteous than the others, no matter what side of the debate you are on. Just my opinion!

Bob, it only takes millions of Walton tax payers money to find out which is position is superior. Have you read old English Blackstone Commentaries on custom Walton has based millions of tax payers money on? If owner private property rights prevail, Walton will likely pay the beachfront owner's legal cost as well, do you think the commissioners that voted for or voted to continue customary use litigation should then resign?